“Special law will prevail over the general law”:-Discussion.
“Special law
will prevail over the general law”.
Today’s
discussion is based on a legal doctrine and that doctrine is “special law will
prevail over the general law”. Let's have an example of this from the Madok
Drobbo Niyontron Ain 2018.
In
section 3 of the Madok Drobbo Niyontron Ain 2018 it has been mentioned that
this Act (i.e. Madok
Drobbo Niyontron Ain 2018) will prevail over the other existing laws.
But
In
section 54 of this Act is has been specially stated that for lodging FIR,
investigation, inquiry, trial and appeal
the provisions of the Code of Criminal Procedure, 1898 will be
applicable.
At the same time,
In section 47 of this Act special provisions of bail has been added. Therefore, for bail the provisions of the Code of Criminal Procedure, 1898 will not be applicable to the Madok Drobbo Niyontron Ain 2018.
Here, the Code of Criminal
Procedure, 1898 is a general law and the Madok Drobbo Niyontron Ain 2018 is a
special law.
Other link
https://www.academia.edu/104191964/Special_law_will_prevail_over_the_general_law
Author’s blogspot ID link
https://judicialmagistratenazmulhasan.blogspot.com/
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